Town Board Adopts Ordinance Prohibiting Medical Marijuana Centers

On October 26, the Estes Park Town Board adopted an ordinance prohibiting medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturing in Estes Park. There were no grandfathered businesses in operation. The temporary moratorium remains in place until the new ordinance takes effect on November 29. Please see the fact sheet below and adopted Estes Park Municipal Code language for more information on local regulations as they relate to medical marijuana.

Municipal Code Section 9.40

(Effective November 29, 2010)

1. The Municipal Code of the Town of Estes Park, Colorado, is hereby amended by adding Chapter 9.40 as follows:

Chapter 9.40 Medical Marijuana

9.40.010-Uses prohibited. It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, an optional premises cultivation operation, or a medical marijuana-infused products manufacturing facility in the Town.

9.40.020-Definitions. For purposed of this Section, the following terms shall have the following meanings:

1. Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution.

2. Medical marijuana center means a licensed business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products.

3. Medical marijuana-infused products manufacturer means a licensed business as described in the Colorado Medical Marijuana Code for the manufacturing of medical marijuana-infused products.

4. Optional premises cultivation operation means a licensed business as described in the Colorado Medical Marijuana Code to grow and cultivate marijuana for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution.

5. Patient has the meaning set forth in Article XVIII, Section 14(1)(c) of the Colorado Constitution.

6. Primary caregiver has the meaning set forth in Article XVIII, Section 14(1)(f) of the Colorado Constitution.

7. ColoradoMedicalMarijuanaCodemeansSection12-43-101et.seq.C.R.S.

9.40.030-Patients and Primary Caregivers. Nothing in this Chapter 9.40 shall be construed to prohibit, regulate, or otherwise impair the use of medical marijuana by patients, or the provision of medical marijuana by a primary caregiver to a patient in accordance with the Colorado Constitution, the applicable provisions of the Colorado Revised Statutes, and rules and regulations promulgated thereunder, as amended from time to time.

2. The temporary moratorium extended by Ordinance No. 14-10 is terminated upon the effective date of this Ordinance.

Medical Marijuana – Fact Sheet

Possession

In 2000, Colorado voters legalized medical marijuana use by patients with certain debilitating conditions and authorized patients and designated primary caregivers to possess and grow certain amounts of marijuana. Although the possession of marijuana is still illegal under federal law, in February of 2009 the federal government announced that it would no longer enforce federal marijuana laws if the substance was used in accordance with state law. Although the federal law is not being prosecuted in Colorado for possession of medical marijuana, it is the responsibility of an individual to contact their own legal counsel with regard to the possession of medical marijuana.

Medical Marijuana Centers

On June 7, 2010, Governor Ritter signed House Bill 1284, which gives the state and local municipalities licensing authority over medical marijuana establishments, creates a state licensing authority and directs that authority to promulgate rules governing the licensing, conduct and location of medical marijuana facilities.

On September 21, the Larimer County Board of County Commissioners resolved to prohibit the operation of medical marijuana centers, optional premises cultivation operations and the manufacture of medical marijuana infused products in unincorporated areas of the county, with the exception of nine grandfathered businesses.

On October 26, the Estes Park Town Board adopted an ordinance prohibiting medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturing in Estes Park. There were no grandfathered businesses in operation. The Estes Park Municipal code language is attached to this fact sheet.

Local Licensing and Regulations for Primary Caregivers

• A primary caregiver, as defined by Article XVIII Section 14 (1)(f) of the Colorado Constitution, can grow and provide medical marijuana for up to five patients under Colorado law. Local regulations cannot prohibit caregivers from providing this service but do require applicable licenses to conduct business.

• A primary caregiver who is charging for his or her services to a medical marijuana patient within the Estes Park Town limits must obtain a business license and sales tax license for this activity. Visit www.estes.org/townclerk for more information or call the Town Clerk at 970-577-3702.

• Primary caregiver activity may be subject to existing home occupation regulations as stated in the Estes Valley Development Code.

For more information visit www.estes.org/comdev/devcode/default.aspx or call the Community Development Department at 970-577-3721.